If the police charge you with driving while intoxicated (DWI) you may assume that you just need to accept it. A DWI will have serious consequences on the life of anyone, but as a non-U.S. citizen, it could also work against your immigration hopes.
Especially if you have only recently come to the country you may not yet realize these charges are sometimes beatable. Here are a few defense options to consider
Challenging the law enforcement officers’ actions
Maybe you come from a country where the police seem to be able to do what they like with impunity. That is not the case here in the U.S., and while some officers may sometimes act as if it were, even the slightest procedural error could be enough for a court to throw out the charge against you.
The police need to be able to justify why they stopped you and what then gave them cause to arrest you. Their responsibility to comply with proper procedures and the law continues after the arrest, too.
Challenging any test results used to arrest you
Officers usually ask a driver to perform a test to give them evidence to justify the arrest. Some, such as field sobriety tests are very open to abuse, misunderstanding, poor judgment of your performance on the part of the officer or the effects of external factors. Yet even chemical tests, such as breathalyzers or blood tests can be wrong if not properly administered, if the equipment is not properly maintained or if samples get mixed up.
With so much at stake, it is wise to learn more about your legal options if you find yourself facing a DWI.